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"with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property."

The degree (and therefore the severity of potential punishment) is determined by the value of the property damaged. First Degree Criminal Mischief (Class C Felony) requires damage in excess of $2,500; Second Degree Criminal Mischief (Class A Misdemeanor) requires damage of between $501 and $2,500; and Third Degree Criminal Mischief (Class B Misdemeanor) requires damage not exceeding $500.

How does one determine the value of a tree? Alabama Code §35-14-1 sets the value:

Any person who cuts down, deadens, girdles, boxes, destroys or takes away, if already cut down or fallen, any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory or wild cherry tree, or sapling of that kind, on land not his own, wilfully (sic) and knowingly, without the consent of the owner of the land, must pay to the owner $20.00 for every such tree or sapling; and for every other tree or sapling, not hereinbefore described, so cut down, deadened, girdled, boxed, destroyed or taken away by any person, he must pay to such owner the sum of $10.00. (Code of Alabama, §35-14-1)

Of course, the trees could be defined as "Ornamental trees:"

Any person who cuts down, digs up, girdles, destroys or mutilates any fruit tree or ornamental tree, or shrub, bush or plant which is inclosed on premises not his own, wilfully (sic) and knowingly, without the consent of the owner, must pay to such owner $15.00 for every such tree, shrub or plant. (Code of Alabama, §35-14-2.)

Even under the worst case scenario, Updyke is only guilty of a Class B Misdemeanor, Criminal Mischief, Third Degree.

The maximum punishment for a Class B Misdemeanor is 6 months in jail (Code of Alabama, §13A-5-7) and a fine of not more than $1,000 (Code of Alabama, §13A-5-12.) Considering the time he has spent in jail awaiting his psychological evaluation, he has probably already met or exceeded the maximum jail time possible for his offense.

It seems to me that the Lee County DA overcharged the case. I can't say why this happened but they are now painted into a corner. They can't win a felony conviction at trial, and they can't risk the PR nightmare that would follow if they allowed a plea to a misdemeanor.

The whole thing makes for good theater, but the eventual outcome is obvious, and Auburn supporters won't be happy when Updyke walks out of the Lee County Justice Center free and clear, having served his debt to society.

Re: Truth behind the trees at auburn.

Originally Posted by Crimson1967

That's my issue with him. I go on other boards and people call us Updykes. Makes me want to puke.

Consider the source. The same people used to call us "Gumps". There are still a lot of folks around the country outside of Alabama that think Forrest Gump was a real football star at Bama. The power of the media...they can make Harvey Updyke a typical Bama fan and Forrest Gump a real person.

If anything goes bad, I did it. If anything goes semi-good, we did it. If anything goes really good, then you did it. That's all it takes to get people to win football games for you. - Coach Paul "Bear" Bryant

"with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property."

The degree (and therefore the severity of potential punishment) is determined by the value of the property damaged. First Degree Criminal Mischief (Class C Felony) requires damage in excess of $2,500; Second Degree Criminal Mischief (Class A Misdemeanor) requires damage of between $501 and $2,500; and Third Degree Criminal Mischief (Class B Misdemeanor) requires damage not exceeding $500.

How does one determine the value of a tree? Alabama Code §35-14-1 sets the value:

Of course, the trees could be defined as "Ornamental trees:"

Even under the worst case scenario, Updyke is only guilty of a Class B Misdemeanor, Criminal Mischief, Third Degree.

The maximum punishment for a Class B Misdemeanor is 6 months in jail (Code of Alabama, §13A-5-7) and a fine of not more than $1,000 (Code of Alabama, §13A-5-12.) Considering the time he has spent in jail awaiting his psychological evaluation, he has probably already met or exceeded the maximum jail time possible for his offense.

It seems to me that the Lee County DA overcharged the case. I can't say why this happened but they are now painted into a corner. They can't win a felony conviction at trial, and they can't risk the PR nightmare that would follow if they allowed a plea to a misdemeanor.

The whole thing makes for good theater, but the eventual outcome is obvious, and Auburn supporters won't be happy when Updyke walks out of the Lee County Justice Center free and clear, having served his debt to society.

If anything goes bad, I did it. If anything goes semi-good, we did it. If anything goes really good, then you did it. That's all it takes to get people to win football games for you. - Coach Paul "Bear" Bryant

Updyke pleads guilty

WETUMPKA, Alabama – Harvey Updyke Jr. was sentenced to three years by a Lee County judge Friday after pleading guilty to a charge of criminal damage of an agricultural facility related to the poisoning of the Toomer's Oaks in 2010.
Updyke was sentenced Friday afternoon by Lee County Circuit Court Judge Jacob A. Walker II after changing his plea from not guilty by reason of mental disease or defect to guilty as part of a plea agreement. Criminal damage of an agricultural facility is a class c-felony, according to the Lee County District Attorney's Office.

Oh, Susanna. Oh, don't you cry for me, for I come from Alabama with a banjeaux on my knee. G'wan to Louisiana my true love for to see.